มาตรการทางกฎหมายที่เกี่ยวข้องกับผู้เสพสารหรือผู้ติดสารเสพติด

JavaScript is disabled for your browser. Some features of this site may not work without it.

Legal Measures Involved Drug Substance Users

ฉัตรสุมน พฤฒิภิญโญ

Date:2008-10

Abstract:

The objective of this documentary research is to review knowledge related to legislative measures in connection with addicts. Results of this research indicated that each addictive substance is harmful and has medical necessity differently. According to the Addictive Substances Law, 2522 B.E. categorized addictive substances into 5 separate classes.
1. Most potent addictive substances
2. General addictive substances
3. Addictive substances which are derivatives of medicinal effect and has some category 2 addictive substances
4. Addictive substances which are chemicals used in producing category 1 and 2 addictive substances
5. Any addictive substances which are not included in the previous four categories
Basic concept and philosophy related to punishment measures for addicts is for retributive reasons, in order to control and paying for punitive damages. At present, measures for punishment are of many varieties, to be suitable for those who committed wrongful deeds, and nature of crime. There is less imprisonment measures and emphasize on community penalties as priority, by categorize punishment levels according to severity of the crimes committed.
The Law on Rehabilitations of Addicts, 2545 B.E., brought in the principle of drug user as patient, not criminal. This law considers drug addicts as patients who need curative or rehabilitative care. The law delays the use of court of justice, in order to replace criminal justice system for a better diversion. Curative and rehabilitative processes are effective in separating addicts for a complete patient care, both by voluntarily and enforcement. The complete patient care system provides follow-up system, support system, and encouragement for those who have gone through the curative and rehabilitative process, in order for them to be able to return to family, community and living normally.
There are preventive measures for drug traders, who pretend to be addicts, before or after being arrested, to use this law in order to avoid criminal justice system. These drug traders do not have the rights for rehabilitative process according to this law. The sub-committee on rehabilitative process for addicts should inform authority or prosecutor, to pursue criminal justice process.
By reviewing literature during 2547-2548 B.E., researches which study legal measures related to drug addicts, indicated that the Law on Rehabilitations of Addicts, 2545 B.E., emphasizes forced rehabilitative process for addicts. Therefore, having institutions for rehabilitative process for addicts is of vital importance, but some areas do not have such institutions, or limited space for addicts in such institutions. Moreover, there are some limitations for keeping up-to-date statistics of those who have gone through the process of proven for curative and rehabilitative process.